Distributor To Donate 50 Flu Shots

The Company Is Being Sued By The State Over The Price It Charged. Florida Will Receive The Vaccine.

October 28, 2004|By Robyn Shelton, Sentinel Medical Writer

A South Florida vaccine distributor agreed Wednesday to donate its 50 remaining flu shots to the state, which is accusing the company of raising prices on its vaccines as a result of the national shortage.

State Attorney General Charlie Crist said the shots will be turned over to the Florida Department of Health, which will give them away. Meanwhile, Crist's office is suing Meds-Stat of Fort Lauderdale for selling vaccines at $900 a vial, which typically cost $65 to $85 apiece.

An attorney for Meds-Stat said the state's allegations aren't true. He said Meds-Stat paid much more -- $610 -- for most of the vials it sold this season. A vial contains 10 doses.

Crist called Wednesday's agreement a "great victory for the people of Florida."

"The first thing we wanted to do was stop the bleeding -- stop them from selling" any additional doses, Crist said. "Now the second phase of the legal action ensues, which is to pursue the fines and penalties" that apply.

If a judge finds the company broke state laws, it could be fined $10,000 for each violation.

The attorney for Meds-Stat said the lawsuit was filed before the Attorney General's Office fully investigated the complaint.

"They are making allegations of fact that are untrue, and we can easily show that," said attorney Marc Nurik.

He said the company had 330 vials of vaccine this season -- and 225 of the vials were purchased for $610 each. He said selling those doses at $900 is a "commercially reasonable profit."

The Attorney General's Office wrongly assumed that the company was buying its product for much lower amounts, Nurik said. "I'm confident when this all gets aired out, we'll be fully exonerated," Nurik said.

The state plans to use the remaining 50 doses on patients who fall into the priority categories that have been set by federal health officials, including elderly people age 65 and older and babies ages 6 months to 23 months.

A spokeswoman for the Department of Health said the details have not been worked out.

Meds-Stat also is being sued by the states of Kansas and Connecticut, which are home to health-care providers that purchased vaccines from the business.